CNN reports that Kevin Roper, 35, was a Walmart employee whose tractor-trailer crashed into Morgan’s limo bus on the New Jersey Turnpike around 1 a.m. Saturday morning. He has been charged with one count of death by auto and four counts of assault by auto.

Sgt. Gregory Williams of New Jersey State Police gave CNN this statement as to what they believed happened: ”The driver of the tractor-trailer failed to observe slow-moving traffic ahead. At the last minute, he swerved to try and avoid the Mercedes limo bus but struck it from behind, forcing the limo to rotate and overturn.”

Morgan remains in critical condition but according to Page Six, a friend says that Morgan is smiling. “He’s got a brace on his neck, but he’s smiling,” Morgan’s publicist released a statement saying, “His family is now with him and he is receiving excellent care.”

One passenger riding with Morgan was confirmed dead at the scene. That person, 63-year-old comedian and writer James McNair (stage name Jimmy Mack), was a friend of Morgan’s.

Two other passengers, including Morgan’s assistant, were hospitalized and remain in critical condition.

Morgan and his entourage had been riding in the limo bus from Dover, Delaware where the former ‘Saturday Night Live’ and ’30 Rock’ star performed at a casino earlier that night.

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